HomeMy WebLinkAboutHEX Conditions
1 VI. DECISION
2 The proposed 96-lot preliminary plat as depicted in Ex. 33 to the staff report, and critical area
3 exemption as described in the findings of this decision, are approved subject to the following
conditions:
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1. The applicant shall comply with the mitigation measures issued as part of the Determination
5 of Non-Significance Mitigated, dated September 22, 2014 except as modified below:
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a. MDNS Condition 1 shall be revised as follows:
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All earthwork performed, implemented by the applicant, shall be consistent with the
8 recommendations of the geotechnical report, prepared by Associated Earth Sciences,
9 Inc., dated September 28, 2012 or consistent with the recommendations of the final
City-approved geotechnical report.
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11 b. MDNS Condition 6 shall be stricken and replaced with the following [as modified by
the Ruling on Reconsideration]:
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The applicant shall revise its landscaping plan to provide for a 10 foot wide on-site
13 street frontage landscape strip as required by RMC 4-4-070(F)(1) for all lots and a 10
14 foot wide, site obscuring perimeter landscaping adjacent to areas where the retaining
walls are four or more feet in height. Landscaping at maturity must exceed the height
15 of the adjacent retaining wall. The final detailed landscape plan shall be submitted to
16 and approved by the Current Planning Project Manager prior to construction permit
approval. Such landscaping shall include a mixture of trees, shrubs, and groundcover
17 as approved by the Department of Community and Economic Development.
18 2. The applicant shall be required to demonstrate compliance with the minimum 50-foot lot
19 width requirement for all lots with less than 50 feet in width at the foremost points (where the
side lot lines intersect with the street right-of-way line) pursuant to RMC 4-11-120. The
20 average distance between the side lines connecting front and rear lot lines shall be submitted
21 to the Current Planning Project Manager prior to construction permit approval.
22 3. Condition No. 3 has been deleted as directed in the Ruling on Reconsideration.
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24 3 All references to the plat map in this decision in the findings and conclusions have been to Exhibit 2 of the staff
report. Those references are accurate. However, the plat approved by this decision is depicted in Exhibit 3 of the
25 staff report, which is the 96 lot subdivision as opposed to the 97 lot subdivision.
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PRELIMINARY PLAT - Preliminary Plat - 40
1 4. The applicant shall be required to submit a revised plat and landscaping plan, which are
2 elements of the City’s required construction plan set, depicting curb bulbouts at street
intersections where on-street parking is located or calling for no curb bulbouts and
3 installation of “no parking” designations where street parking is prohibited at street
4 intersections. The revised plat and landscaping plan shall be submitted to and approved by
the Current Planning Project Manager prior to construction permit approval.
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5. The applicant shall eliminate individual access directly from internal public streets for those
6 lots abutting private streets and/or shared driveway access easements, specifically Lots 12-
7 14, Lots 15-17, Lots 38-40 and Lots 78-81 in shared driveways. Said lots shall be required to
take access from the abutting private street and/or access easement and shall not exceed
8 access thresholds pursuant to RMC 4-6-060.J and K. Lot 11 may access the public street
9 directly. The revised plat plan shall be submitted to, and approved by, the Current Planning
Project Manager prior to construction permit approval. Furthermore, the access restriction for
10 such lots is required to be noted on the face of the Final Plat prior to recording.
11 6. The applicant shall revise the proposed mitigation plan to depict all retaining walls on site,
12 including lock & load walls on the north and east sides of Wetlands B and C. The applicant
shall also identify if proposed walls are anticipated to impact critical area buffers and provide
13 appropriate mitigation for such impacts. A Final Mitigation Plan, pursuant to RMC 4-8-
14 120.W, shall be submitted to, and approved by, the Current Planning Project Manager prior
to construction permit approval.
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16 7. The temporary buffer impacts consisting of minor intrusions or disturbance from
construction activities shall be restored with appropriate grading, soil amendments, and the
17 planting of native species to the satisfaction of the Current Planning Project Manager. The
18 revised mitigation plan shall be submitted to, and approved by, the Current Planning Project
Manager prior to construction permit approval.
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8. The existing wetland mitigation plan already assures that 1,331 square feet of additional
20 wetland buffer area is being provided to mitigate for both existing buffer impacts to Wetland
21 E that are not associated with the Plat, as well as the loss of 14 square feet of the Wetland E
buffer which loss is associated with the extension of SE 18th Street. To provide an additional
22 offset for the impacts resulting from the requested exemption associated with the fill of 14
23 square feet of buffer to extend SE 18th Street. The applicant has agreed to provide and shall
provide enhancement to the Wetland ‘E’ buffer immediately abutting SE 18th Street, as well
24 as enhanced plantings adjoining that buffer area within Tract M. A revised mitigation plan
25 shall be submitted to, and approved by, the Current Planning Project Manager prior to
construction permit approval.
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PRELIMINARY PLAT - Preliminary Plat - 41
1 9. The applicant shall be required to establish a Native Growth Protection Easement over those
2 parts of the site encompassing wetlands and their associated buffers and place fencing and
signage along the outer buffer edge prior to Final Plat approval.
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10. The applicant shall be required to submit a fill source statement, if fill materials are brought
4 to the site, in order to the City to ensure only clean fill is imported prior to construction.
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11. The applicant shall provide a final Tree Retention Plan, complying with the 30% tree
6 retention SEPA mitigation measure while demonstrating proposed retaining walls would not
impact trees proposed for retention. The Final Tree Retention Plan shall be submitted to, and
7 approved by, the Current Planning Project Manager prior to construction permit approval.
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12. The applicant shall submit a revised plat plan, which is an element of the City’s required
9 construction plan set, depicting a safe pedestrian crossing, across the 124th Place SE
10 extension, for the Seattle Waterline Pedestrian Trail. The revised plat plan, as part of the
construction plan set, shall be submitted to, and approved by the Current Planning Project
11 Manager, Community Services Department, and the Transportation Department prior to
12 construction permit approval.
13 13. The applicant shall be required to obtain right-of-way or a public access easement through
the Cedar River Pipeline, for the extension of 124th Place SE, to the satisfaction of the Plan
14 Reviewer prior to construction permit approval.
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14. Pedestrian lighting shall be depicted on the lighting plan at the entrances of Tracts C and E
16 (from the proposed right-of-way). The lighting plan shall be submitted to, and approved by,
17 the Current Planning Project Manager and the Plan Reviewer prior to construction permit
approval.
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15. The Preliminary Plat plan shall be revised so that no more than 4 lots may gain access via a
19 shared driveway and that at least one such lot shall meet minimum lot width requirements
20 along a street frontage pursuant to RMC 4-7-170.D (a minimum of 80% of the required lot
width/40 feet or 35 feet along a street curve). The lot(s) which provides physical frontage 21 along the street shall only be allowed vehicular access from the shared private driveway. In
22 order to provide shared access, Lots 14, 17 and 38 shall be widened to 35 feet and take
primary access from the shared driveway. The revised plat plan shall be submitted to and 23 approved by the Current Planning Project Manager prior to construction permit approval.
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16. The plat plan shall be revised so that all lots have no less than a 40-foot lot width where side
25 lot lines intersect with the street right of way or for radial lots be a minimum of 35 feet in
26 width. Specifically, proposed Lots 14, 17, and 38 would be required to be widened to 35 feet
PRELIMINARY PLAT - Preliminary Plat - 42
1 in order to comply with the condition. The revised plat plan shall be submitted to and
2 approved by the Current Planning Project Manager prior to construction permit approval.
3 17. The applicant shall submit a revised plat plan depicting the elimination of all pipestem lots
(lots which are less than 40 feet in width where the side lot lines intersect with the street
4 right-of-way or for radial lots are less than 35 feet) within the subdivision. Specifically,
5 proposed Lots 12, 14, 15, 17, 38, 40, and 79 would be required to be eliminated or revised to
meet minimum frontage width requirements. The applicant may also submit an alternative
6 plat plan which includes a combination of all lots fronting onto a public street meeting
7 minimum lot widths and those portions of the lots now proposed for shared driveway/access
easements could be placed in Shared Driveway Tracts with easements placed over them
8 pursuant to RMC 4-6-060, Street Standards. The revised plat plan shall be submitted to and
9 approved by the Current Planning Project Manager prior to construction permit approval.
10 18. Any proposal to convert the Stormwater vault within Tract A to a Stormwater detention pond
be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7- 11 080M.2.
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19. The applicant shall be required to create a homeowners’ association and maintenance
13 agreement(s) for the shared utilities, landscape areas and maintenance and responsibilities for
14 all shared improvements of this development. A draft of the document(s) shall be submitted
to Current Planning Project Manager for review and approval by the City Attorney and
15 Property Services section prior to the recording of the final plat.
16 20. The applicant shall submit the results of the Phase 1 Environmental Site Assessment to the
17 City for review. Appropriate mitigation, if any, shall be completed prior to issuance of
building permits.
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21. All road names shall be approved by the City.
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22. Easements may be required for the maintenance and operation of utilities as specified by the 20 Department.
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23. Sanitary sewers shall be provided by the developer at no cost to the City and designed in
22 accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot
if sanitary sewer mains are available, or provided with the subdivision development.
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24 24. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are
installed to serve each lot. Conduit for service connections shall be laid to each lot line.
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25. Concrete permanent control monuments shall be established at each and every controlling
26 corner of the subdivision. Interior monuments shall be located as determined by the
PRELIMINARY PLAT - Preliminary Plat - 43
1 Department. All surveys shall be per the City of Renton surveying standards. All other lot
corners shall be marked per the City surveying standards. The subdivider shall install all
2 street name signs necessary in the subdivision.
3 26. [This condition added as directed by the Ruling on Reconsideration to address Roof run-off].
4 Roof run-off that impacts wetlands shall not be allowed mix with polluting surfaces.
Category 2 wetlands may not be structurally or hydrologically engineered for runoff quantity
5 or quality control as required by KCSWDM Reference 5. City staff shall require design
adjustments as authorized by KCSWDM 1.2 to the extent necessary to prevent adverse
6 impacts to wetland hydrology caused by roof runoff.
7 DATED this 26th day of January, 2015.
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City of Renton Hearing Examiner
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13 APPEAL RIGHTS AND VALUATION NOTICES
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RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the
15 Renton City Council. RMC 4-8-110(E)(14) requires appeals of the hearing examiner’s decision to
16 be filed within fourteen (14) calendar days from the date of the hearing examiner’s decision.
There is no right to reconsideration as the decision has already been subject to reconsideration.
17 Additional information regarding the appeal process may be obtained from the City Clerk’s Office,
18 Renton City Hall – 7th floor, (425) 430-6510.
19 The City Council’s jurisdiction to hear SEPA appeals is contested by the applicant. The City
Council shall determine whether it has any jurisdiction to hear an appeal of the SEPA portion of
20 this decision.
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Affected property owners may request a change in valuation for property tax purposes
22 notwithstanding any program of revaluation.
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